424A - Request for access to documents or information

Request for access to
documents or information
Form
424A
Important – Please read this information carefully before you
complete the request. Once you have completed your request
we strongly advise that you keep a copy for your records.
Access to specific personal information held by the
department
Your rights
• Evidence of your Australian Citizenship, please complete
form 119 Application for evidence of Australian citizenship.
You have a right to request access to your own personal
information under the Privacy Act 1988 (the Privacy Act).
Under the Freedom of Information Act 1982 (the FOI Act)
you can also access copies of documents (except exempt
documents) held by the Department of Immigration and
Border Protection (the department) and other Australian
Government departments.
The department will attempt to release the information in line
with our open and accountable culture. If your request can be
processed under the Privacy Act, it will either be processed by
the FOI team or sent to the relevant business area of the
department, to be completed within 30 days.
If you are seeking:
• Evidence of your residence status in Australia please complete
form 164 Application for evidence of resident status in
Australia.
• Your International Movement records, please complete
form 1359 Request for international movement records.
• Your superannuation status, please complete form 1194
Certification of Immigration Status and/or request to
cancel a Temporary Resident visa.
These forms are available online www.immi.gov.au/allforms/
or from any office of the department.
Where your request is likely to be complex or take longer than
30 days we will process your request under the FOI Act. At any
time you can ask for your request to be treated as a request
under the FOI Act. Please note, where we are able to process
your request under the Privacy Act and you inform the
department that you would like the request to be actioned
under the FOI Act, the legislative timeframe under the FOI Act
will commence from that date.
Access to departmental documents held by the National
Archives of Australia
Where the department is unable to provide access to
documents under the Privacy Act, your application will be
taken to be a request for access under the FOI Act from the
date that your request is received by the department.
Can someone else make a request for you?
Access to your personal information under the
Privacy Act
Under the Privacy Act you may obtain original documents
which you have given to us or copies of personal documents
on your file which you have provided to us or that we have
sent to you.
You can contact your current departmental case officer or any
office of the department and ask for your documents. For a list
of offices please check the department’s website at
www.immi.gov.au. However, if the documents you seek are
not located at that office you may be asked to complete this
form or put your request in writing. If your request relates to
the documents or personal information of another person,
you may need to make a request under the FOI Act.
The Privacy Act requires that the department responds to
requests for access to personal information within 30 days.
Further information is contained in form 1442i Privacy notice.
Documents considered to be in the ‘open access’ period
under the Archives Act are held by the National Archives of
Australia. To enquire about any such departmental documents
please telephone 1300 886 881 or visit the National Archives of
Australia website www.naa.gov.au
You may ask someone else, such as a friend or migration agent,
to make a request for you. If you nominate a friend or migration
agent to act on your behalf, you must fill in Part C of this form.
All notices regarding your request will be sent to them.
If you change your nominated friend or migration agent for your
FOI request, it is important that you advise us as soon as possible.
If you want documents or information about another
person
To assist us in deciding if we can provide another person’s
information to you, please provide evidence of your authority
to ask for their information. For example, if they consent to
your request, please provide evidence of this or have them
complete Part D of this form where indicated. That person will
also usually need to provide proof of identity (such as a
Passport or Driver’s licence). If you are unable to provide
authority, please provide a reason why you believe this
information should be released to you.
How to make a valid Freedom of Information (FOI) request
for access
Access to documents under the FOI Act
To make a valid FOI request, you must:
Under the FOI Act you can access documents held by the
department, including policy documents and personal
information, subject to exemptions necessary to protect
essential public or private interests.
• put your request in writing. You can use the attached form or
send a letter detailing your request either by post or email.
If you do not use this form you must state that your request
is made under the FOI Act;
• describe in detail the documents you wish to access; and
• include details of how notices of information may be sent to
you.
© COMMONWEALTH OF AUSTRALIA, 2014
424A (Design date 07/14) - Page 1
Proof of identity
Processing times
If you are requesting your own personal documents please
include a certified copy of some form of photographic
identification (such as a Passport or Driver’s license) to assist
us in processing your request.
Under the FOI Act the standard processing time is 30 days.
The department may contact you should an extension of time
be required. The department receives many FOI requests and
can respond to your FOI request more easily if we know what
specific documents you want access to and when you need
them (see Question 13).
Amending or annotation your personal information
You may ask that your personal information be changed if it is
inaccurate and has been used or could be used for an
administrative purpose. See form 424C Request for
amendment or annotation to personal records.
Where to send your request
The department processes requests for documents in
Melbourne, Sydney and Canberra.
Compliments and complaints
Your suggestions are valuable to the department and will help
to improve our services. To provide compliments or
complaints about the department you can:
• contact the Global Feedback Unit, telephone 133 177 (toll
free in Australia) during business hours;
• visit the department’s website www.immi.gov.au; or
If you live in Victoria, Western Australia or South Australia,
please send your request to:
• contact the nearest office of the department or Australian
mission overseas.
Freedom of Information Melbourne
Department of Immigration and Border Protection
GPO Box 241
MELBOURNE VIC 3001
The Australian Information Commissioner
Email:
foi.vic@immi.gov.au
If you live in New South Wales, Queensland, the Australian
Capital Territory, the Northern Territory or Tasmania, please
send your request to:
NSW Freedom of Information
Department of Immigration and Border Protection
GPO Box 9984
SYDNEY NSW 2001
Email:
Important information about privacy
Your personal information is protected by law, including the
Privacy Act 1988. Important information about the collection,
use and disclosure (to other agencies and third parties,
including overseas entities) of your personal information,
including sensitive information, is contained in form 1442i
Privacy notice. Form 1442i is available from the department’s
website www.immi.gov.au/allforms/ or offices of the
department. You should ensure that you read and understand
form 1442i before completing this form.
foi.nsw@immi.gov.au
If you live overseas, please send your request to:
FOI and Privacy Policy Section
Department of Immigration and Border Protection
PO Box 25
BELCONNEN ACT 2616
AUSTRALIA
Email:
If you are not happy with how the department has handled
your request, you can contact the Office of the Australian
Information Commissioner in the following ways:
Online:
www.oaic.gov.au
In writing: GPO Box 2999
CANBERRA ACT 2601
Telephone: 1300 363 992 (local call charges apply)
foi@immi.gov.au
Further enquiries
What will a FOI request cost?
There is no charge to access your own documents.
The costs relating to FOI requests for other documents, such
as policy documents or documents about people other than
yourself, are determined by the Freedom of Information
(Charges) Regulations 1982. The department may ask for
payment of charges for processing your request as follows:
Search and retrieval of documents
AUD15.00 per hour
Decision-making/consultation
AUD20.00 per hour
Photocopying documents
10 cents per page
Postage
Actual cost
Supervised inspection of documents
AUD6.25 per half
hour or part thereof
The first 5 hours of decision-making time will be free.
Deposits
If you have an enquiry, please telephone 131 881 (toll-free
within Australia) and ask to be directed to the Freedom of
Information office for your state or territory, or email the
relevant office on page 2. For general information on FOI you
should visit the Australian Information Commissioner’s
website www.oaic.gov.au
Home page www.immi.gov.au
General Telephone 131 881 during business hours
enquiry line in Australia to speak to an operator (recorded
Where the estimated charge for processing your request
exceeds AUD25.00, we may ask you to pay a 25% deposit
before we can proceed.
information available outside these hours).
If you are outside Australia, please contact
your nearest Australian mission.
Please keep these information pages for your reference
424A (Design date 07/14) - Page 2
© COMMONWEALTH OF AUSTRALIA, 2014
Form
Request for access to
documents or information
Please use a pen, and write neatly in English using BLOCK LETTERS.
Tick where applicable
8
COUNTRY CODE
Part A – Your details
Mr
Title
Your telephone numbers
Office hours
Where possible your request will be sent to the relevant business area to
be processed under the Privacy Act 1988 (Privacy Act). If we cannot
process this request under the Privacy Act we will treat this as a request
for information under the Freedom of Information Act 1982 (FOI Act).
1
424A
Mrs
Ms
(
AREA CODE
) (
COUNTRY CODE
After hours
NUMBER
)
AREA CODE
) (
NUMBER
)
Mobile
9
Miss
(
Preferred method of communication
(Tick one box only)
Email
Email address
Other
2
Full name
Post
Family name
Fax
Given names
Fax number
COUNTRY CODE
(
3
Have you been known by any other names?
(including name at birth, previous married names, aliases)
) (
AREA CODE
NUMBER
)
10 Do you need an interpreter?
No
No
Give details
Yes
Yes
Language
Family name
Given names
DAY
MONTH
Part B – Document(s) or information
YEAR
4
Date of birth
5
Any of the following numbers, if known, would assist us to more quickly
locate your records
11 Please provide as much detail as you can to help us quickly identify your
document(s) or the information you seek, including any reference numbers
Client ID number (CID)
Client file number (CFN)
Permission Request ID
Number (PRID)
6
Your
signature
DAY
MONTH
YEAR
Date
7
Your postal address
POSTCODE
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424A (Design date 07/14) - Page 3
12 Do the requested document(s) or information relate to another person
Part C – Consent for person to act
(eg. spouse, dependants and other parties involved in your application)?
15 Do you want to authorise someone to obtain access to the document(s)
No
Yes
described in Part B?
Ensure you also complete Part D
13 Urgency (optional) – Please advise if you have an application at any of
Migration/Refugee Review
Tribunal (MRT/RRT)
Court
DAY
MONTH
YEAR
DAY
MONTH
YEAR
Date
Please complete the authorisation below
Title:
Mr
Mrs
Miss
Ms
Date
Given names
Give details
Migration Agent Registration
Number (MARN) (if this person is an
Australian registered migration agent)
DAY
MONTH
YEAR
Other
7 DIGITS
:
:
:
DAY
MONTH
YEAR
POSTCODE
Date
Telephone
Give details
(AREA CODE
)
Email address
Your
signature
Reason for urgency
DAY
MONTH
YEAR
MONTH
YEAR
Date
Signature of
other person
DAY
MONTH
YEAR
DAY
Date you require information by
Date
14 How would you like to receive your decision?
16 Preferred method of communication
Email
(Tick one box only)
CD
Email
Email address
Paper
Other
Give details
Post
Fax
The department will endeavour to provide the decision in your preferred
format. If we are unable to meet your preference we will contact you to
discuss alternative access arrangements.
424A (Design date 07/14) - Page 4
:
whose signature appears below, to obtain access to the
document(s) described in Part B, in accordance with the FOI Act.
Address of
other person
Ministerial Intervention
Other
Yes
Family name
Date
Visa cancellation
Go to Part D
I hereby authorise (full name of other person)
the following (please include hearing dates):
Administrative Appeals
Tribunal (AAT)
No
© COMMONWEALTH OF AUSTRALIA, 2014
Fax number
COUNTRY CODE
(
) (
AREA CODE
NUMBER
)
:
Part D – Request for release of document(s)
or personal information of another person
17 Are you requesting document(s) and/or information about another person?
Part E – Young people and people under
representation
21 Is your request on behalf of a person you represent (eg. an executor or
No
Go to Part E
receiver)?
Yes
Provide details
No
Yes
Third party’s full name
Title:
Mr
Mrs
Miss
Ms
Provide details of your capacity to act for them and attach
evidence of your appointment (eg. probate of a will or
court order)
Other
Family name
Given names
DAY
MONTH
YEAR
Date of birth
Address
22 The release of information of or about persons under 18 years of age
POSTCODE
may require their consent if they are capable of making independent
decisions about their own information.
Telephone numbers
COUNTRY CODE
Office hours
(
COUNTRY CODE
After hours
AREA CODE
) (
(
NUMBER
Do you want to access information about child(ren), under the age of
18 years, in your role as parent or guardian?
)
AREA CODE
) (
NUMBER
No
)
Yes
18 By what authority are you requesting this person’s document(s) or
information?
Provide their details
Child’s full name
Family name
With consent
Go to Question 19
Without consent
Go to Question 20
Given names
DAY
MONTH
YEAR
Date of birth
19 Attach evidence of consent or ask the person to sign below
If more than one child, attach additional details
I (full name)
consent to the Department of Immigration and Border Protection
releasing the document(s) or information about me set out in this
request to the applicant.
Signature
I certify that I have parental responsibility for this child and that there
are no Court orders or any other circumstances or causes which affect
my parental responsibility for this child.
Your
signature
DAY
DAY
MONTH
MONTH
YEAR
Date
YEAR
Date
Go to Part E
20 Provide the basis of request or other authority (eg. for law enforcement
purposes, required by law). Attach any supporting documents.
© COMMONWEALTH OF AUSTRALIA, 2014
424A (Design date 07/14) - Page 5
Part F – Declaration
23 WARNING: Giving false or misleading information is a serious offence.
I declare that:
• I am aware that any person who provides false or misleading
information, or who deceives or misleads, or who presents a forged
document to an Australian Government official, may be prosecuted.
• I have read the information contained in form 1442i Privacy notice.
• I understand the department may collect, use and disclose my
personal information (including biometric information and other
sensitive information) as outlined in form 1442i Privacy notice.
Your
signature
DAY
MONTH
YEAR
Date
Part G – Checklist
24 Please indicate the documents attached to this request.
Proof of identity:
Passport
Drivers licence
Travel document
Other
Please specify
We strongly advise that you keep a copy of your application and
all attachments for your records.
424A (Design date 07/14) - Page 6
© COMMONWEALTH OF AUSTRALIA, 2014